(A) Any person who violates the provisions of this subchapter shall be guilty of a violation.
(B) If a person violates the provisions of this subchapter (“violator”), the city shall mail written notice briefly describing the violation (“notice of violation”) to the last mailing address of the violator known to the city by first class mail and the violator shall have ten days after the date such notice is mailed (“cure period”), to cure the violation; provided, however, that, there shall be no requirement the city mail notice of violation and there shall be no grace period if either:
(1) The violation is deemed by the city to create a hazard to human life or safety or if the sign, merchandise or other use of the sidewalks or public walkways violates this ordinance is located within any public right-of-way or public property; or
(2) The violator was given notice by the city during the preceding 12 months of the same or any similar violation of this subchapter.
(C) If a sign is erected or maintained or if merchandise is displayed or other use is in violation of this subchapter, then the city shall have the right, but not the obligation to remove the sign erected or maintained or merchandise displayed or other use in violation of this subchapter after the expiration of any applicable cure period.
(D) Each day a sign erected or maintained or merchandise is displayed in violation of this subchapter shall be a separate violation.
(E) Each violator shall in addition to any fine which may be imposed for each day a violation of this subchapter occurs, shall be liable for payment of all costs, expenses and liabilities incurred by the city arising out of such violation, including the City Attorney’s fees.
(Ord. 2018-04, passed 9-23-2019)